Allowed

Premdas S/O. Yashudas Bedare v. the State of Maharashtra and Anr.

Bombay HC11 Aug 2017APPLN/2757/2017

Case brief

AI extract

What is this about?

In this criminal application filed by the brother-in-law of the informant, the High Court quashed proceedings for matrimonial offences under various IPC sections as an abuse of process and exercise in futility, relying on Bhajan Lal guidelines due to vague allegations.

What did the court decide?

Application allowed in terms of prayer clause-A but restricted to the applicant only; Rule made absolute to the extent of the present applicant.

Premdas S/O. Yashudas Bedare Vs the State of… — Matrimonial and Divorce | Bombay HC (2017)

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2757.2017 Cri.Appln..odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.2757 OF 2017

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Premdas s/o. Yashudas Bedare,
Age: 37 Years, Occ. Service,
R/o. Gokul Nagar Chourasta,
Taluka & District Nanded. APPLICANT

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VERSUS

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1. The State of Maharashtra, Through the Police Sub-Inspector, Vazirabad Police Station, Tq. & Dist. Nanded.

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2.Priti w/o. Prashant Bedare
[Khatgaonkar],
Age: 31 Years, Occ. Household,
R/o. Isaac Khatgoankar,
[D.S.] Methoist Charch,
Prakashalya Kamalnagar,
Tq.Aurad & Dist.Bidar
[Karnataka] RESPONDENTS

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...

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Mr.Shivsamb N.Janakwade, Advocate for the
applicant.

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Mr.S.P.Deshmukh, APP for Respondent–State
Mr.S.P.Karkare, Advocate for respondent no.2

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...

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CORAM: S.S.SHINDE &

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 A.M.DHAVALE,JJ.

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 Date: 11.08.2017

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ORAL JUDGMENT: [Per S.S.Shinde,J.]

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1]Heard. Rule. Rule made returnable

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forthwith, and heard finally with the consent

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of the parties.

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2757.2017 Cri.Appln..odt

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2]This Application is filed praying

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therein for quashing and setting aside R.C.C.
No.410/2017 pending before the Chief Judicial
Magistrate, Nanded and First Information
Report bearing Crime No.197/2015, dated 17th
December, 2016, registered at Vazirabad
Police Station, Nanded, and charge-sheet
filed by respondent no.1 dated 3rd July, 2017
to the extent of present applicant for the
offence punishable under Sections 498-A, 323,
324, 504, 506 r/w.34 of the Indian Penal
Code.

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3]Learned counsel appearing for the
applicant invites our attention to the
contents of the First Information Report [for
short ‘FIR’], and also the charge-sheet and

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accompaniments of the charge-sheet. He
submits that so far allegations against the
applicant, who is brother-in-law of
respondent no.2 i.e. informant, are

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2757.2017 Cri.Appln..odt

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concerned, same are general in nature, vague,
and without mentioning any specific date and
time of such alleged incident. He invites our
attention to the Page 30 of the compilation
of the Criminal Application, and submits that
the applicant is residing separately at
Nanded City with his family. He submits that
further continuation of the proceedings as
against the present applicant on the basis of
Crime No.197/2015 registered at Vazirabad

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Police Station, Nanded, for the offences
punishable under Sections 498A, 323, 324,
504, 506 r/w.34 of the Indian Penal Code
would be exercise in futility, and therefore,
the application may be allowed.

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4]On the other hand, learned APP

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appearing for respondent-State, and learned
counsel appearing for respondent no.2,
relying upon the allegations in the FIR, and
also the statements of the witnesses submit

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2757.2017 Cri.Appln..odt

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that along with other accused, there are
specific allegations against the applicant;
the applicant is residing at Nanded.

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5]Upon hearing the learned counsel

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appearing for the applicant, learned APP

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appearing for respondent-State, and learned
counsel appearing for respondent no.2, and

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upon careful perusal of the allegations in
the FIR, charge-sheet and accompaniments of

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the charge-sheet, and the statements of the

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witnesses, it appears that, there is
allegation in respect of demand of
Rs.50,000/- against the members of the

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matrimonial house of the informant, and it is
alleged against the applicant that he
instigated the husband of respondent no.2
i.e. informant to beat/assault the informant

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in such a way that, she cannot tell or show
other people about such beating. The relevant
portion of the allegations in FIR as against

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2757.2017 Cri.Appln..odt

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the applicant is as under:

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Hkk;k izsenkl csnjs Eg.kkyk dh] fryk vklk ekj ns dh] yksdkauk nk[kfork ;s.kkj ukgh vls Eg.kwu vaxkoj /kkowu vkyk-

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6]As already observed, upon careful
perusal of the allegations in the FIR, and
the statements of the witnesses, there is no
mention of specific date of incident. There
is no denial to the fact that the applicant
is separately residing in Gorakshan Gokul
Nagar, Chaurasta at Nanded. Upon perusal of
the contents of the FIR, it appears that, the
applicant and his wife tried to mediate and
convincetheinformanttogofor
cohabitation.

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7]In that view of the matter, keeping

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in view the exposition of law by the Supreme Court in the case of State of Haryana V/s Bhajan Lal¹ wherein in para 108 it is held as

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1 AIR 1992 SC 604

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2757.2017 Cri.Appln..odt

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under:

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108. In the backdrop of the

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interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and

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sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

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1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do

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2757.2017 Cri.Appln..odt

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not prima facie constitute any offence or make out a case against the accused.

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2. Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

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3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

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4. Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

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5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

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6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under

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2757.2017 Cri.Appln..odt

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which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

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7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

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8]The case of the applicant is
squarely covered in category no.1 of the
aforesaid categories. In that view of the
matter, further continuation of the
proceedings as against the applicant will

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tantamount to abuse of process of the Court
and exercise in futility, since chances of
conviction are bleak.

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9]In the light of the discussion in
theforegoingparagraphs,Criminal

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Application succeeds. The Application is

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2757.2017 Cri.Appln..odt

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allowed in terms of prayer clause-A, however,
restricted to applicant only. Rule is made
absolute in above terms, to the extent of the
present applicant only. The Application
stands disposed of accordingly.

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10]Needless to observe that the trial

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Court can proceed against other accused.

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 [A.M.DHAVALE] [S.S.SHINDE]
 JUDGE JUDGE

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DDC

Premdas S/O. Yashudas Bedare v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Premdas S/O. Yashudas Bedare v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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